Business owners often use the terms “trademark” and “copyright” interchangeably, but they protect very different things. Understanding the distinction — and knowing which protection applies to your business — is essential for safeguarding the assets you’ve worked hard to build.
What Is a Trademark?
A trademark protects brand identifiers — the words, names, logos, slogans, and symbols that distinguish your goods or services from those of competitors. Examples of what trademarks protect: your business name, your logo, a product name, a tagline, or a distinctive brand color combination.
What Is a Copyright?
A copyright protects original creative works: written content, photographs, artwork, music, software code, videos, and other creative expression. Copyright protection arises automatically when you create an original work. However, registration with the U.S. Copyright Office is necessary to bring an infringement lawsuit.
Key Differences
- What they protect: Trademarks protect brand identity; copyrights protect creative expression.
- Duration: Trademarks can last indefinitely with continued use; copyrights last for the author’s lifetime plus 70 years.
- Registration: Trademarks require registration for full federal protection; copyrights exist automatically.
- Maintenance: Trademarks require active use and periodic renewal; copyrights require no maintenance.
Common Mistakes NJ Business Owners Make
- Assuming common-law trademark rights provide sufficient protection without federal registration
- Failing to conduct a trademark clearance search before launching a brand
- Not registering copyrights for high-value creative works before infringement occurs
- Using a freelancer’s work without an assignment of copyright in the contract
Bruno Law Group’s IP Services
Attorney Paolo Bruno assists NJ businesses with trademark registration applications, copyright registration, IP assignment agreements in contractor contracts, and enforcement of intellectual property rights.
Protect your brand and creative work. Contact Bruno Law Group for NJ IP guidance.
Call: (201) 720-9972 | Email: info@brunolawgroup.com | Visit: brunolawgroup.com
